[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3487 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3487

To amend the Presidential Transition Act of 1963 to improve the orderly 
    transfer of the executive power during Presidential transitions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2018

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Presidential Transition Act of 1963 to improve the orderly 
    transfer of the executive power during Presidential transitions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Transition Enhancement 
Act of 2018''.

SEC. 2. PRESIDENTIAL TRANSITION ENHANCEMENTS.

    (a) In General.--Section 3 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in subsection (a)(2), by inserting ``, or in the case 
        of an employee in a position in the legislative branch, with 
        the consent of the supervising Member of Congress'' after 
        ``with the consent of the head of the agency'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) The Administrator shall expend funds for the provision of 
services and facilities under this section--
            ``(1) in connection with any obligation incurred during the 
        period--
                    ``(A) beginning on the day after the date of the 
                general elections held to determine the electors of the 
                President and Vice President under section 1 or 2 of 
                title 3, United States Code; and
                    ``(B) ending on the date that is 60 days after the 
                date of the inauguration of the President-elect as 
                President and the inauguration of the Vice-President-
                elect as Vice President; and
            ``(2) without regard to whether the transition team submits 
        to the Administrator a request for payment regarding services 
        or facilities before the end of such period.'';
            (3) in subsection (h)(2)(B)(ii), by striking ``computers'' 
        and inserting ``information technology''; and
            (4) By adding at the end the following:
    ``(i) Memorandums of Understanding.--
            ``(1) In general.--Not later than August 1 of a year during 
        which a Presidential election occurs, the Administrator shall, 
        to the maximum extent practicable, enter into a memorandum of 
        understanding with the transition representative of each 
        eligible candidate, which shall include, at a minimum, the 
        conditions of access to employees, facilities, and documents of 
        agencies by transition staff.
            ``(2) Existing resources.--To the maximum extent 
        practicable, a memorandum of understanding entered into under 
        paragraph (1) shall be based on memorandums of understanding 
        relating to previous Presidential transitions.
            ``(3) Transition representative.--
                    ``(A) Designation of representative for 
                inquiries.--Each memorandum of understanding entered 
                into under this subsection shall designate a 
                representative of the eligible candidate to whom the 
                Administrator shall direct any inquiries or legal 
                instruments regarding the records of the eligible 
                candidate that are in the custody of the Administrator.
                    ``(B) Change in transition representative.--The 
                designation of a new individual as the transition 
                representative of an eligible candidate shall not 
                require the execution of a new memorandum of 
                understanding under this subsection.
            ``(4) Amendments.--Any amendment to a memorandum of 
        understanding entered into under this subsection shall be 
        agreed to in writing.
            ``(5) Prior notification of deviation.--Each party to a 
        memorandum of understanding entered into under this subsection 
        shall provide written notice not later than 3 days before 
        taking any action that deviates from the terms and conditions 
        agreed to in the memorandum of understanding.
            ``(6) Definition.--In this subsection, the term `eligible 
        candidate' has the meaning given that term in subsection 
        (h)(4).''.
    (b) Agency Transitions.--Section 4 of the Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) in subparagraphs (C) and (D) of subsection (e)(3), by 
        inserting ``serving in a career position'' after ``senior 
        representative''; and
            (2) by striking subsection (f)(2) and inserting the 
        following:
            ``(2) Acting officers.--Not later than September 15 of a 
        year during which a Presidential election occurs, and in 
        accordance with subchapter III of chapter 33 of title 5, United 
        States Code, the head of each agency shall ensure that a 
        succession plan is in place for each senior noncareer position 
        in the agency.''.
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